The
New Media Publisher GmbH
hereinafter referred to as "the publisher"
provides an information platform on the Internet called "Plasticker" which can be reached via
the domains www.plasticker.de, www.recycling.de, www.kunststoff.de and www.recybase.de.
Besides a variety of general information in the field of plastics technology and plastics
recycling, "Recybase", a marketplace for recycling material free of charge for the user, has
been placed on the Internet subject to the terms and conditions mentioned below.
By registering and using the access data made available, the user acknowledges the terms and
conditions of the publisher in their latest version.
1. "Plasticker" platform
(1) "Plasticker" is an information system offered to the user which shall bring together
suppliers and buyer's of trade services via a virtual marketplace. The platform is made
available for the supply and demand of plastics raw material, in particular of
- plastics recyclates
- plastics waste
- plastics remainders
as well as of
- second hand machinery for the processing and recycling of plastic materials as well
as any related service.
(2) The publisher shall provide the platform to the user for these purposes.
(3) The publisher is entitled to modify or to extend the offer at any time, in particular
as far as the contents and the structure of the platform and the related user interface
is concerned.
2. Registration
(1) Any individual or corporate body may register.
(2) The use of this platform is subject to the admission of the user.
For being registered, the user must truly enter his full data as questioned.
(3) The access is free of charge for the user.
(4) The user cannot raise a claim for admission to the platform. Furthermore the publisher
reserves the right to withdraw the admission at any time without mentioning any reason,
however in particular because of:
a) false registration data
b) the presentation of inadmissable products or services
c) a misuse of the trade platform or
d) in case of doubt of the legal existence of the user
(5) It is prohibited to present oneself on the platform using a false identity.
(6) It is prohibited to make offers which are against the law or public morals, in particular
against sections 86, 86a, 130, 130a, 131, 184 of the StGB (German Penal Code) or other
penal codes. Furthermore it is not allowed to offer products prohibited by the Federal
Review Board for Publications Harmful to Young Persons, products committed by contracts
or those violating third-party rights, in particular copyrights, rights of trademark and
to a name.
(7) The user is entitled to withdraw his registration at any time in writing. In this case,
all user-related data stored by the publisher shall be deleted within one month after
receipt of the withdrawal.
3. User name / password
(1) When registering with the publisher the user shall define a user name (email address)
and a password which will both be enabled upon registration.
(2) The user undertakes to ensure that the user name and password shall be protected against
unauthorized access by third party. He shall report to the publisher any misuse of the
user name and password which he becomes aware of or which he may suspect based on evidence.
4. Rights of use
(1) The rights of the users shall be limited to a participation in the platform within the
scope of the contractual use for the intended purpose.
(2) Within the scope of his services the publisher does not grant any copyright or other
property right to the user, in particular the right to a current or future website of
"Plasticker", to its web and graphics design, wordings, illustrations and all related
literature and literary work such as operating instructions.
(3) Copyrights, property rights and other third party rights placed on the platform shall
fully remain with their holders and shall be protected accordingly.
5. Offers, requests, processing of contracts
(1) The user may offer or request a trade service (supply of goods and services acc. to
no. 1 para. 1) on the platform or make an invitation to tender for the performance in
his name. For this purpose, the user must specify the trade service offered or requested
by entering a minimum of features in the input mask. Upon confirmation of these data
the request will be published on the platform.
(2) The offering period (validity period of offers and requests) is one month. After this
period has expired, the publisher is entitled to remove the tenders from the platform.
The user may delete or renew his offer or request at any time.
(3) The placing of an offer is no binding declaration of intent, but an invitation to make
offers (invitatio ad offerendum). By placing the offer the supplier confirms that, as a
matter of fact, he is subjectively in a position to provide the service and that the
offer he places is directed towards the conclusion of a contract.
(4) The placing of a request is no binding expression of intent either, but also an invitation
to make offers. By placing the request the requesting person confirms that he is prepared
for providing a counter-performance and that the request he places is directed towards
the conclusion of a contract.
(5) The "Plasticker" platform is made available exclusively for the exchange of information.
All negotiations or conclusions of contracts between the users shall take place outside
the platform, on a usual business level and without the participation of the publisher.
Contracts shall be signed directly and exclusively between the respective users and
shall be performed and processed outside the platform. The publisher does not undertake
obligations for the supply or acceptance of goods or services or for the fulfillment of
a counter-performance for this.
(6) The placement of an offer or a request shall be deleted immediately if the user who placed
it is no longer interested to maintain it.
6. Attribution of declarations
(1) As far as all declarations of intent, business-like acts or other legally valid declarations
or acts are concerned which the publisher, on the initiative of a user, may place on the
platform or which he may deliver to or receive from another user, the publisher does not
act neither in his own name nor as a proxy or agent for the respective users, but exclusively
as their communicating messenger.
7. Duties of the user
(1) The user declares that all data, in particular the ones relating to the performance that
he offers (goods and services), are correct and not misleading.
(2) The user undertakes to use the services provided by the publisher only in accordance with
the relevant laws, public morals as well as the general standards for using the Internet.
In particular, it is prohibited:
a) to violate third party rights, in particular property rights, copyrights, rights of
trademarks or to a name;
b) to present any contents which is of the kind to glorify violence or of pornographic
kind, or which is otherwise against the provisions of the German penal code, in
particular against sections 86, 86a, 130, 130a, 131, 184 of the StGB;
c) to enter data containing a virus or Trojan horse or other programs likely to damage,
secretely intercept or delete data or systems;
d) to offer products which may not be sold or offered in public or the possession of
which is against the prevailing law.
(3) The user shall bear all costs arising from the establishment or the modification of his
online connection, his use of the public communication network or the purchase and
maintenance of his communication units required to use the platform.
8. Damages / indemnity
(1) The user is responsible for any damage caused to the publisher by a culpable violation
of the contract by the user. The user shall indemnify the publisher from third-party
claims put forward against the publisher in connection with a violation of contract by
the user and undertake to reimburse all costs (including court and lawyer's fees) which
may arise to the publisher due to this.
9. Data protection
(1) In respect of the user's personal data, the publisher points out in accordance with
section 33 of the Federal Data Protection Act, that these will be stored and/or
transmitted in accordance with the applicable provisions of data protection. Please
note the following rules:
(2) In the scope of the purpose of the contract, the publisher is entitled to raise, process,
store and use for his own purposes any user data in accordance with the provisions of the
Federal Act of the Protection of Data.
(3) In particular, the publisher is entitled:
a) to publish and transmit user data within the scope of the services provided by the
publisher;
b) to communicate user data to the competent authorities within the scope of legal
obligations, and
c) to pass on the user data with the consent of the participant in other cases.
10. Warranty
(1) The following provisions shall apply to the performance contracts (goods and services)
mediated in the scope of the platform.
(2) The publisher disclaims all warranties for contracts concluded among the respective users.
(3) The publisher disclaims all warranties for the goods and services provided by the supplier
to the buyer. In particular, the publisher gives no warranty for
a) the correctness and completeness of statements made by the buyer or supplier,
b) the quality and usability of goods and services to be supplied,
c) their fitness for a particular purpose intended by the buyer,
d) the non-violation of third-party rights by the goods and services supplied.
(4) The publisher cannot definitely exclude that the person mentioned as buyer or supplier
in the declaration of intent which is delivered or received by the publisher, actually
exists. As a result, the real authorship of a declaration of intent remains doubtful at
all times. Consequently, the user submitting or accepting an offer acts at his own risk
as for the existence of the contracting party.
(5) In addition, the publisher cannot exclude with absolute certainty that a password may fall
into the hands of a person who has not been authorized by the user to submit a declaration
of intent. This risk shall be born by the user himself, too. The publisher disclaims any
liability according to the rules of a messenger without authorization.
11. Limitation of Liability
(1) Claims for damages put forward by a user for positive obligation breaches and for violation
of duties during contractual negotiations shall be excluded. According to the aforesaid legal
concepts the publisher is not responsible for the replacement or elimination of damages which
may arise for example because of loss or any defective processing of data. Additionally,
irrespective of which legal principle, the publisher is not responsible for a loss in profit,
missed savings, damage resulting from third-party claims or other indirect or consequential
damages.
(2) The limitation of liability pursuant to section 11 para. (1) shall not apply neither to
physical injury or other damages which the publisher is responsible for due to intention
and gross negligence, nor to the lack of featues that have been confirmed. In addition,
they shall not apply to any damage caused by minor negligence of essential contractual
duties (cardinal duties) as well as to the liability according to the Product Liability
Directive. In these cases the following shall apply:
a) The publisher is liable for physical injury and other damages caused by his own intention
or gross negligence, for the corresponding behaviour of assistants and for claims according
to the Product Liability Directive.
b) The publisher is liable for the lack of features which have been confirmed and for minor
negligence of essential contractual duties, with the exception of unforeseeable damages.
(3) The user's claim for damage resulting from a delay in performance or impossibility of
performance by the publisher is excluded. This is not valid in cases of mandatory liability
for intention or gross negligence.
(4) The publisher is not responsible for any contents of third-party websites, to which is
referred to directly or indirectly on the "Plasticker" website.
(5) In no event the publisher is responsible for damages related to a defective condition of
software or hardware and particularly to technical defects of the Internet. In particular,
the publisher does not assume any liability independent of fault for damages arising due to:
a) the lacking availability or the faultless functioning of the Internet
b) the use of software or hardware when using the platform website, as well as
c) the lacking or insufficient contractual performance due to technically unforeseeable
events regarding the software, hardware or Internet.
(6) The publisher does not warrant for damages arising from the imperfection of the users'
offers placed on the publisher's website and the respective response to the requests. In
particular, the publisher is not be liable for damages arising from the deletion or
suppression of the buyer's and supplier's entries on the publisher's website or from the
missing deletion or suppression.
(7) The aforesaid liability limitations are also valid for the legal representatives,
employees and assistants of the publisher.
12. Applicable Law / Place of Jurisdiction
(1) This contract is subject to the laws of the Federal Republic of Germany.
(2) The application of international conventions is excluded, particularly of the United Nations
Convention on Agreements on the International Sale of Goods and of the Conflict-of-Law Rules
in the German Private International Law.
(3) The place of jurisdiction for the settlement of all disputes based hereof is Krefeld. The
publisher is also entitled to proceed against a user at his general place of jurisdiction.
13. Additional Terms
(1) The inclusion of the users' General Terms and Conditions is expressly denied in any case.
(2) Should any individual provision or any part of any provision of these Terms and Conditions
of Use be or become illegal in total or in part, the validity of the remaining provisions
hereof is in no way affected. In such case the void provision shall be replaced by relative
provision coming as close as possible to the purpose of the void provision.
revised on: 24th April 2002